Negotiating SeveranceThe only reason I mentioned severance is because they brought it up first. They want me to tell them what I will need to land on my feet. Obviously the resignation would mean that I would not be eligible for unemployment. I had a conversation with the HR director and she is absolutely fuming over this situation. It has been done to others in the organization and it is my understanding that "at will" or not there has to be a good document trail of why they want to let someone go. It was mentioned to me that I have a good case for a suit as well as many other people that have been placed in my situation. I' m not interested in suing because I have nothing against the company, just the individual that is forcing me out. Despite the situation I am still living up to my responsibilities and doing my job as I would had the request for a decision to be made not presented to me. The only difference is that I am not working 10-12 hour days anymore and taking lunch instead of working through it. I' ve thought about the action plan option but to be honest, they would create it in such a way that no matter what I did and how hard I tried, I would not be successful in their eyes. I have taken all feedback provided and worked toward improving and even received compliments from the person that wants me out that indicates that I have made great improvements. Once they make up their mind to do something they will be sure it happens - I am just looking to protect myself. They are not interested in my well being. Make 100% sure that if you get and accept a severance package you can live with, that your employer will back up your reason for leaving (resignation, not termination) when you interview for other positions. Of course you can' t "make" them live up to that bargain, but get it from them anyway. If the HR lady will serve as a reference, then cut your manager out of the reference/employment verification loop altogether. I know you' re upset and hurt, but I really don' t think you' re in any position to negotiate anything. They don' t have to put you on an action plan at all, they can fire you tomorrow for breathing. Even if somehow you had something to negotiate with, what you' re asking for is just totally over the top. Why on earth should they pay you for the next 6 months if you' re not going to be working there, not to mention thousands of dollars in health insurance? Time to interview and still get PTO while you' re on your way out the door? At most, you should (politely) ask for the reference materials you need for your CPA exam and your letter of reference for the future. If they have career counseling services, take those too. Everything else is just unfortunately laughable. Your choices are to leave and start finding the next great thing, or hang around on an action and get fired at the end. If you leave on your own, you won' t get unemployment (in most states, although you can certainly file and see what happens), however, unemployment isn' t much anyway (a few hundred bucks a week at most) so that may not be important. It would be a lot better sell to the next employer to say that there was a change in management and that your position was eliminated so if that' s going to jibe with what they' ll say, you should be in good shape for the next job. Should have read further down before the first response. There isn' t going to be anything to sue over unless you' re in a "protected" class and can show a pattern of discrimination against others in protected classes. So, if everytime someone hits 55 and starts thinking about retirement they get reorganized, that would be something to work with. If every time a female gets close to upper management they get reorganized, that' s something to work with. This isn' t that kind of thing. They don' t have to keep you and they don' t have to document a pattern. Most large companies DO, because they can easier refute complaints, but they don' t have to. And Paul does point out a third option. You could use the time on the Action Plan to job hunt for something else. I think it is unlikely that you' ll complete the action plan successfully whether they sabatoge you or not. I don' t have the exact quotes but the number of people who do complete them successfully is very small (for one reason or another). Since you don' t feel you have anything to change, your chances have to be small. Keep in mind one more thing. As friendly as they may be, as much as a buddy and pal they might be at the bar after work, HR Directors work for the COMPANY, not for you as the employee. They support employees because happy employees improve the company' s bottom line. It is inappropriate for the HR Director to be "siding" with you or implying that she thinks this is unfair and if push comes to shove, her job is not to coach you, but to support (and protect) the company' s interests. So watch what you say. If my employer offered me six months pay to leave, I' d be out the door tomorrow! I doubt that you' ll get it, but you might as well try. Otherwise, keep on working while looking for another job.
I think the items that you have outlined are good. The problem I think is that the company is probably thinking along the lines of "Is two weeks severance pay sufficient, or should we make it three?" If this is the case, presenting your list may just push them to drop the ax and move on. I would go to HR and tell them your concerns: Money to live on, health insurance coverage, references and recommendations and let them come back with the options, hopefully as generous as you outlined. If they come back with a somewhat generous package, you know that they are on the same page as you and can negotiate. If they come back with " do you want two weeks severance pay or three?", you know you aren't even close. If that is the case, go on the plan and start job hunting (if you haven't started already). I have a situation where after almost 4 years with the company, my employer has given me 2 options regarding my future with the company. They have indicated that I have been an ineffective manager (none of my performance reviews indicate this and I' ve been in the role just shy of 2 years with little training or mentoring) and they want me to make a decision to either be put on an action plan to improve or resign my position (so I can leave with "dignity"). They have allowed me time to think about my decision so I can determine what I will need to "land on my feet". Their preference is that I resign because they feel an action plan won' t improve what they consider a problem. Of course, my feelings are since they don' t want me to work there anymore, the option is resignation because I feel that they will make the action plan an impossibility to achieve any sort of improvement (even though I have worked to improve upon areas that I received feedback in). Since they have no real basis or documented reasons for wanting me out (except political), I wanted to find out what would be normal requests from someone in my position. I was thinking of asking for: 6 months severance and to remain on the company health insurance career transition services have a termination date but be allowed to leave sooner (of course with 2 weeks notice) if they decided to let me go sooner than the date I indicate they would be required to pay me through those dates allowed time to interview without affecting PTO (schedules would take into consideration the current business needs). Reference for when I sit for the CPA Exam as to confirmation of eligibility and work experience. They indicated a letter of reference indicating this was a "position elimination" so I was going to ask for that in writing. I don' t want to seem greedy but leaving the company would not have been a choice on my part currently and there really is no basis for wanting me out other than they hired a new director of finance that has the same technical skill that I have. I understand the importance of "not burning my bridges" but I' m feeling pretty burned right now because I have been a dedicated, loyal, hard working employee (they even used these words) and I have done some great things for the organization. Whatever you do, do not voluntarily resign until and unless you get enough of a "deal" to make up for not being eligible for unemployment. They are giving you the "chance" to resign with dignity only so that they will not have to be responsible for unemployment payments.... If I were you, I would stay, accept their ' action" plan, keep looking for another job, and do so well during this time that they have absolutely no basis on which to terminate you. You say they will make it impossible for you to succeed--I say you can make it impossible for you not to! BTW, make copies, if you already haven' t, of your performance reviews, salary increases, promotion paperwork, etc., and continue to document every single thing that happens from now on out. Not so you can sue them or anything, but so you can, if it becomes necessary, qualify for unemployment, and/or if they later on refuse to give you a good reference, you have something in hand you can show to prospective employers. If necessary--you don' t want to have to go down that road if you don' t need to. Get references from current or former co-workers who can attest to your performance. I doubt you will get the severance package you want--is what you' re asking similar to what your company gives as severance to other employees? If not, you probably won' t get it. As to leaving before your agreed-upon date, probably not a good idea--for a variety of reasons.
I would encourage you to talk to HR and find out what is the typical severance package for a person in your position. I've had one position, where I was "encouraged" to resign (although the boss in question could provide no documentation for lack of performance, but that time who wants to stay with an organization that actively is trying to get to you leave?), and I was offered 2 weeks severance. After talking to HR I learned that they typically give employees 4 weeks. Given the situation I had, HR helped me get 6 weeks (but this was atypical for the organization). Which, I got paid, despite the fact that I found another job just a few weeks after I submitted my resignation, so I was very very lucky that for a few weeks I was being paid twice. And I left the organization on relatively good terms. I worked for them on a contractual basis for about 3 years after my resignation (from home, because the actual office working environment was vile). Which, was more important for me than unemployment. But, it depends on your situation, and what is typical for your organization. I think six months is probably pushing it. But, perhaps in your industry it's the norm. I would check with HR. The HR department in my case, was incredibly helpful. Despite the fact, I work in an at-will state, the organization still had procedures that they wanted all managers to follow, procedures that my boss skipped over. I probably could have stayed if I had wanted to, but I wasn't interested in staying in an environment where the person I had to work with on a regular basis wanted me to leave. Since I presume you are employed "at will," which means they can terminate you or that you can quit at any time, I regret to say that I don' t think you' re in much of a position to expect or demand anything as part of a severance package or outplacement plan. If I were you, I' d pursue the "action plan" for improvement, because if you do much more than ask about a severance package, they just might show you the door. I appreciate the fact that you have bitter feelings about this, but I think you ought to give the "action plan" route a shot and I' d give it my best shot. At the same time, if it looks like the outcomes of the "action plan" are unattainable, you could always quietly initiate your own job search while you' re making a sincere attempt to succeed at the "action plan." The other thing you probably should keep in mind is that it usually requires "two to tango" in situations like this, so there must be some specific things they want you to do that you' re not doing. With all due respect, I think you might benefit from stepping back and taking an objective look at what you can do to improve. These types of situations can' t be all one-sided. Put yourself in their position for a minute. If you were in their shoes and somebody who wasn' t quite living up to expectations said, "I' ll resign but I want this, and this, and this given to me first," What would be your reaction? I think most employers would, politely, tell you to hit the bricks. Try making the "action plan" work first. | |
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Career Tips
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